Loading...
HomeMy WebLinkAbout1991 - MINUTES - 3/6/1991 CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 6, 1991 A Regular Meeting of the City Council , of the City of Palm Springs, California, was called to order by Mayor Bono in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, March 6, 1991, at 7:30 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski Neel and Mayor Bono Absent: None The meeting was opened with the Flag Salute and an invocation by Father Andrew Green, St. Paul ' s Episcopal Church REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council procedures on March 1, 1991. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council . FINANCING AUTHORITY: Mayor declared the meeting adjourned for the purpose of convening as the Financing Authority; after which, members reconvened as the City Council . MAYOR PRO TEM - ELECTION: Pursuant to Council Rules of Procedure, office of mayor (070- pro tem shall automatically be reconsidered by the Council 001) at its first meeting in March of odd numbered years. It was moved by Neel , seconded by Murawski , and unanimously carried, that Councilmember Broich be elected mayor pro tem for the following term. APPROVAL OF MINUTES: It was moved by Broich, seconded by Murawski , and unanimously carried, that the Minutes of December 19, 1990, January 2, February 6 and 13, 1991, be approved. PUBLIC HEARINGS: 1. P.D. 213 - MICHAEL CHRISTIAN On February 6, 1991, the Council continued hearing on Planning Commission recommendation to approve planned development (116- district to allow a 417 unit, single-family residential 081) project on Gateway Drive at North Palm Canyon Drive. Planning Director reported that this matter came before the Council in February, as a fairly normal recommendation for this type of project; that action by the Planning Commis- sion and the Council is discretionary, and there is great latitude in approving it; that the applicant wanted a density in excess of what was allowed in the zone; that under the Zoning Ordinance and within the General Plan context, a density bonus for affordable housing was considered; that when the matter came to the Council , the appropriateness of the project was questioned by the Council , and subsequently discussed at a study session in the context of the Jerde Report, and that the proposed project was not in the Vision Plan for the north entry area; that in light of that discus- sion, an alternate resolution was provided to make findings, Council Minutes 3-6-91 Page 2 1. P.D. 213 (Continued) and deny the project, which the Council may adopt, or approve the project as recommended, or refer a recommendation back to the Planning Commission - in which case, the Council would need to indicate what type of project should be considered. In answer to question by City Attorney, Planning Director reported that the zoning is R-1-C, which requires a 10,000 sq. ft. minimum lot size, would allow approximately 273 R-1-C type lots depending upon layout; that the proposed project contains lots ranging from 5,500 sq. ft. to 7 ,200 sq. ft. , with an average size of 6,600 sq. ft. , for a, net increase of 138 lots in excess of the zoning; and that in trade for the substandard lot size, the number of units in excess of zoning would be restricted to affordability criteria both on initial sale, and on resale. Mayor declared the hearing opened. Michael Christian asked that the Council approve the project, and stated that he feels it meets the goals and intent of the General Plan, and falls within the zoning category; that they have worked with staff and the Commission to come up with a plan in the direction of what they thought: the General Plan allowed; that the project would serve a good buffer between existing residential and any project on Highway Ill; and that if the Council has some other type of project in mind, they need to understand that in order to know what direction and method they should follow. Karen Aguilar, West World Realty, 1975 Mark Leslie, stated that the Palm Springs market is very bad rirlht now, because of the lack of homes in the $100,004150,000 price range for single families, who are going down Valley; that this project is very appropriate for the site, and the Council should help to make it happen. John Christian, co-owner of the project, stated that they received support to move ahead from the staff and Commission, and have not heard anything from the Council ; that they have talked about trying to get together with the Council , or City Manager, to determine which way they should go. There were no further appearances, and the hearing was closed. In answer to question by Council , Planning Director reported that this hearing is the first occasion that the project has been before the present Council ; that a previous project was approved on this site a number of years ago, including several continuances, which included a density bonus , but which was never built. Mayor stated that the planning process is for the protection of everyone, and is sometimes problematic; that the Commission and staff anticipate direction that the Council might want to go, and this project was in process for a long time, but when it came to the Council , the direction was not necessarily the same as the Council ' s anticipation; that, in terms of providing direction for the project, it would be inappropriate to give that direction until the matter was before the Council , and it voted on the recommendation. City Attorney stated that only the application is before the Council , and if disapproved, the staff would be available to work further with the applicant, and the Council could be involved in the process to find alternative projects which would be more consistent with the Council ' s goals and policies. Council Minutes 3-6-91 Page 3 ' 1. P.D. 213 (Continued) Councilmember Murawski stated that the Council represents all of the people, and standards should not be lowered just to meet a desire to make money; that he believed value can be established, at prices people are willing to pay; that Palm Springs is in a difficult market, and adding more houses with that kind of density is not good for the community. Councilmember Hodges stated that she hoped the Council would look at the options that are available; that there is a need for this type of housing, and the project would be good at the northerly entrance, and would help the existing residential area; that not everyone can afford $200,000 homes, and the community wants the $100,000 homebuyer as well ; and she asked that the Council look favorably at the project. Councilmember Neel stated that, over the years, a number of projects have been suggested on this site; and that a high-quality project, not substandard lots, should be at the entry to the community, which could help the area, partic- ularly those who are already trying to make improvements. Resolution 17437, making findings and denying the project, was presented; after which, it was moved by Broich, seconded by Murawski , and carried by the following vote, that R17437 be adopted: AYES: Broich, Murawski , Neel & Bono NO: Hodges ABSENT: None 2. ZTA 5.0580 - SIGNS Consideration of extension of interim ordinance granting the Director of Community Development authority to approve temporary, special permits for signs advertising or pertaining to any civic, patriotic, or special event of general public 103- interest. 038) Director of Community Development reported that the extension of the ordinance would be for a period up to 10 months and 15 days, during which the matter will be considered along with other amendments to the Sign Ordinance, as requested by the Council . Mayor declared the hearing opened; there were no appearances, and the hearing was closed. City Clerk read title of Ordinance 1374, as follows: ON ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ALLOW THE DIRECTOR OF COMMUNITY DEVELOPMENT TO GRANT A TEMPORARY SPECIAL PERMIT OR OTHERWISE PERMITTING SIGNS, ADVERTISING OR PERTAINING TO ANY CIVIC, PATRIOTIC OR SPECIAL EVENTS OF GENERAL PUBLIC INTEREST, AND DECLARING THE URGENCY THEREOF. It was moved by Broich, seconded by Murawski , and unanimously carried, that further reading be waived, and that Ordinance 1374 be adopted. Council Minutes - , r 3-6-91 Page 4 PUBLIC COMMENTS: a) Rent Control : Alan Bayrak stated that it is time to look into protecting tenant' s rights; that he received a telephone call from the City Attorney responding to some of the concerns he raised at the February 26 meeting; that the Rent Control Commission membership does not permit a landlord subject to the ordinance to serve on the Commission, but does not preclude a person from owning rental units in another city, and having an anti-rent control philosophy, from being appointed; and that apartment tenants are organizing to protect themselves. Barbara Bengel , 1900 S. Palm Canyon, stated 'that there are matters of which the City should be aware concerning the GH Management Company' s practices at: the Palm Canyon Apartments; that tenants were riot notified of the filing for a hardship increase, or the impending hearing, and questioned why they were not sent a letter defining what they could do to protect themselves from unfair, unjust increases, unrepaired buildings:, unsafe pools, and lack of maintenance after many years; that the Commis- sion is only serving the needs of the landlord; that it was not fair to pay both a hardship increase and an annual CPI adjustment. City Attorney stated that a report has been prepared to respond to the comments raised at the February 26 meeting; that there has been a problem in the way the Commission has operated, in that its procedures permit very long hearings to take place, including one in progress at this time; that Court cases have clearly (085- establishej, that for a rent control system to stand, the 004-) landlord is entitled to know, in a fairly reasonable time, whether he is entitled to a rent increase; that ordinances have been struck down by the Courts because of being too cumbersome; that at its joint session with the Council , the Commission suggested using a hearing officer, and the Council supported the Commission implementing ways to make a speedier process, adding transcripts, and giving everyone their due process rights; that one such method resulted in establishing a pre-hearing officer to discuss with the landlord what information would have to be presented , and what would be acceptable evidence and what would riot be acceptable at the full hearing; that the responsibility for notice to the tenants of the hearing was assigned to the landlord, and if such notice was not given,, it would be grounds for continuing the hearing; that there is no reason the tenants could not be notified, and be involved in, the pre-hearing; that the purpose was to try to create a system that would not have challenges in the future; that the letter sent to the landlord was as directed by the Commission, and was not intended by the City Attorney or the Commission to leave out the tenant group; that the pre-hearing is not intended to be the point in time where any decision would be made concerning rent increase, only how the hearing is organized so only relevant information is presented, and it does not take two years; that the Ordinance provides for a hearing officer, but the language is vague; and that the pre-hearing officer concept is based on the judicial system. Council Minutes 3-6-91 Page 5 PUBLIC COMMENTS (Continued) Councilmembers Broich and Murawski supported a Commission policy to require tenant notification , or that no hearing or pre-hearing would be held. Mayor stated that the Council , and particularly the present members, have strongly supported rent control , and want to know if there is anything wrong; that it is an emotional issue as well , but where there are hard facts, they should be looked into. Councilmember Hodges stated that she worked on rent control for many years, and is very sensitive, and sympathetic to the issues; and that she would like to see a categorized and itemization of the problems, and see how the City can assist in finding solutions. The following persons also spoke concerning management practices, rents, living conditions at the Palm Canyon Apartments, 1900-1950 South Palm Canyon, and the notifica- tion process: Frances Angel (no address given) Ken Ward, 1900 S. Palm Canyon, #415 Marian Senate, 1900 S. Palm Canyon Bill Mason, 1900 S. Palm Canyon Oscar Kaplan, 1900 S. Palm Canyon John Cook, 1950 S. Palm Canyon (played tape recorded statement) Wynn Jordon, 1950 S. Palm Canyon Shirley Kaplan, 1900 S. Palm Canyon Debbie Lewis, 1900 S. Palm Canyon George Hernandez, 1950 S. Palm Canyon Michael Nye, 1900 S. Palm Canyon John Scott, 1950 S. Palm Canyon Dave Bengel , 1900 S. Palm Canyon Mayor asked if Councilmember Hodges would undertake to follow-up on this issue. Councilmember Hodges accepted, and noted that the decision on the hardship increase is made by the Rent Review Commission, and the appeal process is through the Court; that the matter never comes to the City Council ; that perhaps educational seminars for tenants would be helpful , as to what the ordinance provides; that there are some misconceptions about rent control ; and that the Commission should hear the same comments. City Attorney noted that the Commission might also under- take to develop a brochure, or pamphlet, that explains in lay language how the ordinance and the Commission work. b) Wendell Veith, 556 S. Sunrise, suggested a companion feature to the RV ordinance to permit parking an RV used for business purposes, or as a second vehicle for that household, on public streets, or frontage roads, (103- and which are not parked just for dead storage. He 001) submitted a letter, describing his request, a copy of which is on file with the City Clerk. Council Minutes 3�-6-91 Page 6 c) Emile Duvernay, 620 Hermosa Drive, stated that while GTE publishes certain State offices, it does not list Fair Housing & Employment Board, and ways need to be (060- found to help citizens know how to use the vehicles DID) that are available to them to address discrimination issues. He asked that the Council consider reestablishing a properly stai'fed Human Relations Commission, with delegated authority, and it will be able to do about the same thing that the anti•-discrimination ordinance could do. d) Bill Byrne, 301 Overlook, representing F.O.E. , stated that they have continued to seek administrative processes, and hoped the Council will reconsider the entire matter of the Annexation 24/25, and do a full and complete EIR, including Annexation 26, and restated comments (054-- he has expressed concerning CEQA and court cases related 004) thereto. e) Dave Bell , 2320 14. Sunrise, and 178 San Rafael , commented on towing RFP provisions relating to release of informa- tion, which he felt violated Constitutional First Amend- ment rights; that he spoke with Assistan1t. City Attorney, who he felt was rude and presumptive; that: the RFP writer was not aware of case law, two of which he cited; that there has been selective enforcement of the law, and he felt efforts were being made to cover up wrong doing of other employees. f) Karen Aguilar, 11975 Mark Leslie, complemented the City on street and traffic conditions during recent heavy rain; and stated that she thought there were other places RVs could be parked., and asked why they were only going to be allowed in front yards. LEGISLATIVE ACTION: 3. COMPREHENSIVE FEE SCHEDULE AMENDMENT - CITY JAIL PRISONER COMMITMENT PROGRAM Recommendation: That the Council amend the Comprehensive Fee Schedule to establish approving $125 per day jail housing fee, for a. prisoner commitment program to be utilized at the Palm Springs City Jail , as a revenue source as well as providing needed jail space. Police Chief highlighted his memorandum. (114- 006) Resolution 17438, amending fee schedule, as recommended, was presented; after which, it was moved by IBroich, seconded by Murawski , and unanimously carried, that R17438 be adopted. 4. MUNICIPAL CODE AMENDMENT - RECREATION VEHICLES Recommendation: That the Council amend the Municipal Code to allow some flexibility in the regulations concerning parking Recreation Vehicles in front yards. Planning Director reviewed the memorandum of the Director of Community Development, and reported that there are those (103- who both favor easing the parking restrictions, and those 001) who do not favor it; that the provision is not to suddenly allow RVs to only be parked in front yards, rather the cuirrent provisions, which have been in effect since 1971, permit side and rear yard parking, as long as they are screened Council MinutesC1 3-6-91 Page 7 4. MUNICIPAL CODE AMENDMENT (Continued) from neighbors views; that the proposal would establish a permit system, administered by city staff, and primarily eliminates the 72-hour parking violation, and makes violation an infraction subject to escalating penalty for subsequent violations, as provided in the Municipal Code. He stated that the proposed fee of $75 for a onetime permit, per vehicle, is at the low end of the average cost required to administer the program. In answer to question by Council , Planning Director stated that issues raised by Mr. Veith are partly addressed, and can be further explored. Councilmember Neel stated that each situation is different, and some people will be happy, and others angry, and he did not see a need for a change, which will be costly to enforce; and that the current practice of enforcement based on complaint should continue. Councilmember Broich stated that he would like to see a first offense warning, before a citation is issued, because a lot of people will not be aware of the change; and that he would like to cap the maximum fine at $200. Councilmember Murawski stated that the issue is one of attitude, and once fined, a person should not continue the violation; and that he favored a first time warning. Mayor stated that an RV is a house on wheels, not a second vehicle, and for that reason, it presents problems. City Attorney stated that the ordinance establishes the permit process; that a separate resolution would be needed to establish the permit fee; and that the question of first time warning is an enforcement policy, and is not a part of the proposed ordinance. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 11.96 OF THE MUNICIPAL CODE TO PROVIDE FOR FRONT YARD PARKING OF RECREATIONAL VEHICLES IN RESIDENTIAL ZONES. It was moved by Murawski , seconded by Hodges, and unanimously carried, that further reading be waived. It was moved by Murawski , seconded by Hodges, and carried by the following vote, that the Ordinance be introduced for first reading; that staff prepare a resolution to establish a $75 permit fee; and that an enforcement policy of providing a first offense warning be adhered to by city staff: AYES: Broich, Hodges & Murawski NOES: Neel & Bono ABSENT: None Council Minutes _ 3-6-91 Page 8 ,_. 5. INTERIM ZONING ORDINANCE: - VENDING CARTS Consideration of Urgency Ordinance regulating vending carts in the CBD. Councilmember Broich stated he would abstain. Planning Director reviewed the memorandum of the Director of Community Development, and detailed proposed changes to the Zoning Ordinance, as an interim measure for this tourist season, to permit: vending carts as an outdoor use as an accessory to a permitted main use and located on the same property as that main use; vending carts and other accessory outdoor uses to a main use and located on public property, including rights-of-way; and vending carts and other outdoor uses on public property, including rights-of-way when conducted in a designated area approved by the Council , and undertaken as a part of a festival , event, or program to promotoe commercial , artistic or cultural activity in the CBD. He stated that those promoted by the City would be under, an umbrella, no fee, hand use permit, and guidelines to be established; and that a better delineation regarding land use permit fee for minor and major events will be forthcoming. In answer to question by Council , Planning Director stated that ideas like permanent gazebos will be given to Jerry Augburn (SENCA) to determine how they might fit into the overall downtown design. Councilmember Neel sthat push carts were tried, and did ) not work, and he was concerned about a person making a large investment, only to have the program fail . Councilmember Murawski stated that the proposal and guidelines to be considered have been worked through with the intent of maintaining a high level of quality; that the effort is to bring entertainment and a feeling of festivity and activity downtown; that there probably will be other problems to be worked through, but he urged that the idea be given an opportunity to succeed this season. In answer to question by Mayor, Planning Director stated that the proposal is essentially divided Ito address three aspects: to permit accessory outdoor sales on the same property - e.g. , the Desert Fashion Plaza; the ability of a merchant to have a cart on the sidewalk, if there is enough space, with guidelines and land use permit fees to be defined; and to provide, perhaps on a rotational basis, the ability to have carts on public property - e.g. , Plaza Theater entry, but not involving closing streets; in all cases„ the type of items sold to be limited to those in the proposed ordinance. Councilmember Hodges stated that while there was a previous effort to have the carts downtown, the idea may not have been timely; that she considered it a wonderful way to create a fun atmosphere; and encouraged passage of the ordinance. Council Minutes 3-6-91 Page 9 5. INTERIM ZONING ORDINANCE (Continued) Councilmember Neel stated that the efforts downtown have been to upscale it, and not to compete with merchants; that he agreed the downtown merchants need help; that the San Luis Obispo community is different; that the carts will disrupt the already narrow sidewalks downtown; and that not everyone downtown is in favor of them. Councilmember Murawski stated that this is a different time, and this element is needed downtown; that the merchants participated in the proposal through their representatives; that it would be a message of support of those efforts to approve it; that he did not invision a lot of people spending thousands for dollars for the carts, but there is a private sector market place for the carts if they wished to do so; that the program has worked successfully in other areas; and that it will help, not hurt the merchants. Mayor stated that this is a product, around which there is some mystery, but it is an attempt to improve conditions downtown, with the ultimate goal of bring in more revenue; that if the program moves into cofusion as it goes along, the Council will have to take another look at it; and that it deserves the effort to make it work. City Clerk read title of Ordinance 1375, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO AMEND SECTION 9209.01.B.2 AND B.3 AND ADDING SECTION 9209.01 B.4 OF THE ZONING ORDINANCE TO ALLOW THE USE OF VENDING CARTS IN THE CBB ZONE INCLUDING ALLOWANCE TO LOCATE ON PUBLIC PROPERTY AND DECLARING THE URGENCY THEREOF. AYES: Hodges, Murawski and Bono NO: Neel ABSENT: None ABSTAIN: Broich Councilmember Murawski inquired if the ordinance could be presented for introduction, rather than as an urgency measure. City Attorney stated that it entails a Zoning Ordinance amendment, and as such, requires a Planning Commission/City Council process, including hearings; after which, it may be adopted by three votes; that the interim (urgency) ordinance requires 4/5 vote, and would only be effective for 45 days, unless a positive action is taken by the Council to extend it; that the extension could be up to 10 months and 15 days, and could be terminated at any time during the period; or an earlier sunset date could be set; that lack of action to extend, would result in an automatic termination at the end of either the 45 days, or at the end of the 10.5 months if that were adopted. Councilmember Neel stated that he was willing to reconsider the matter, with understanding that the initial ordinance would only be valid for 45 days; and that it would require 4/5 vote to extend it; after which, he moved for reconsideration. Said motion was seconded by Murawski , and unanimously carried, Broich abstaining. It was moved by Murawski , seconded by Hodges, and unanimously carried, Broich abstaining, that Interim Ordinance 1375, as read by the City Clerk, be adopted (Ordinance effective for 45 days, unless extended) . Council Minutes 3-6-91 Page 10 6. ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT Recommendation: That the Council amend the Allocated Positions & Compensation Plans to add a net 3.5 positions in the Community Development Department. Withdrawn from agenda. 8. ADDITIONAL LEGISLATIVE ACTION: None CONSENT AGENDA: 9. Res 17439 making findings to support approval , and filing (078- of a negative declaration of environmental assessment 027) (consistent with Council action February 20, 1991 - Frankel CUP ) 10. Res 17440 approving installment sale agreement and authorizing (051- actions related thereto concerning financing for the airport 056) Terminal expansion project. 11. Res 17441 approving Amendment 6 to the Allocated Positions (061- and Compensation Plans to delete a Clerical Assistant II, brli ) and add a Secretary II position in the Rent Control Division. 12. Res 17442 approving first 12-month time extension for TTM ( 13'7- 23557 , to divide 20 acres into seven lots, for (property located 055) at the end of Fern Canyon Road, Section 22 - Hirsvark. 13. Res 17443 approving amended Resolution of Application for (054- Annexation 24/25 to delete reference to property proposed 004) for the raceway, and to combine the two applications into a single application. 14. Res 17444 recognizing the Riverside County Law Enforcement (113- Museum as the authorized repository for any material deemed 001) by the Police Chief to have historical value and which is related to law enforcement and public safety. 15. MO 4720 approving Work Authorizations 4 and 5 with Gensler (Ogl Associates, for $79,000 and $67,000, respectively; and an 055) increase of $60,000 in reimbursable funding, for the Airport Terminal expansion project. 16. Res 17445 through 17447 approving Payroll Warrants and Claims (086- & Demands. 009) 17. MO 4721 awarding bid for purchase of 2 plain paper copiers (084- to Valley Office Equipment for $29,798.70. 007 ) 18. MO 4722 award bid For janitorial services to Desert Janitorial (117- Services for $12,223 per month, April 1, 1991 through March 005) 31, 1993, with two one.-year options for renewal „ 19. Motion concurring in CRA actions R750 through 759. (12'4) 20. Res 17448 approving documents to reflect legal descriptions for the eleven as-built Wyndham Hotel Partnerships, as it (124- relates to the City' s interest therein (see above CRA Item) 045) It was moved by 8roich, seconded by Murawski „ and unanimously carried, that Resolutions 17439 through 17448, Minute Orders 4720 through 4722, and motion in Item 19, be adopted. Council Minutes - 3-6-91 Page 11 ADDED STARTERS: None COMMISSION APPOINTMENTS: a) Convention Center Commission (unexpired term 6-30-91) b) Council liaison, committees or other representations No appointments REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Murawski suggested that perhaps an architectural style similar to the El Mirador Tower could be utilized by the Desert Hospital for its parking structure, rather than the modern parking structure type proposed. Planning Director stated that this is one of the issues suggested to be discussed at a joint session of the Council and Planning Commission. Mayor urged that the project move ahead quickly, as it will result in significant cleanup of property on North Indian Canyon Drive. b) Councilmember Hodges asked that a report be followed (060- up on the suggestion for a Human Relations Commission, 010) if the Council would consider moving in that direction. c) In answer to question by Councilmember Hodges, City Clerk reported that the F.O.E. submitted a written request to be notified of mailings concerning Annexations 24/25, and were sent a copy of the agenda for this meeting, along with information as to costs to receive future Council and Planning Commission agendas, consistent with the fee schedule and as provided by State Law. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to Tuesday, March 12, 1991, at 3 p.m. , in the Large Conference Room, City Hall . `,JUDITH SUMICH -' City Clerk